Blog Written by Attorney Jean S. Martin

Last Monday, August 23, 2010, a jury found defendants Davol, Inc. and C.R.Bard, Inc. liable for injuries suffered as a result of the negligent design of their Kugel Mesh hernia repair patch and the failure to warn of the dangers associated with the patch.  This was the second trial in the consolidated litigation regarding the Kugel Mesh hernia repair patches in federal court in Rhode Island.  In the first trial earlier this summer, a jury found that the defendants were negligent in the design of these mesh patches, but did not believe that the plaintiff’s injuries were the result of the defendants’ negligence.

In this recent case, the husband suffered significant injuries after a Kugel Mesh patch was implanted during hernia repair surgery.  The patch implanted contained two memory recoil rings, both of which broke and caused significant internal injuries. The jury awarded the couple a total of $1.5 million to compensate for the injuries sustained, as well as their pain and suffering and loss of consortium.  This latest case involved a North Carolina couple and applied North Carolina law.  Shipman & Wright, LLP served as a legal consultant to the trial team, advising on various areas of North Carolina trial procedure and law.

The Kugel Mesh hernia repair patch was first recalled in 2005.  The recall notice advised of failure and breakage of an internal coil ring that could lead to bowel perforations, bowel adhesions, abdominal pain, fever, and tenderness at the implant site or other unusual symptoms.  The recall has been expanded twice to include additional shapes, sizes and production lots of the Kugel Mesh Patch.  During the consolidated litigation, it has come to light that other patches made by Davol and Bard that did not contain internal coil rings also have failed, causing significant injuries.  The statute of limitations may not yet be a bar to claims as some claims may not accrue until a person has been injured by a defective medical device and is aware of his or her potential claims against the manufacturer.